851.41—Settlement.
(a)
DOE encourages settlement of a proceeding under this subpart at any time if the settlement is consistent with this part. The Director and a contractor may confer at any time concerning settlement. A settlement conference is not open to the public and DOE does not make a transcript of the conference.
(b)
Notwithstanding any other provision of this part, the Director may resolve any issues in an outstanding proceeding under this subpart with a consent order.
(1)
The Director and the contractor, or a duly authorized representative thereto, must sign the consent order and indicate agreement to the terms contained therein.
(2)
A contractor is not required to admit in a consent order that a requirement of this part has been violated.
(3)
DOE is not required to make a finding in a consent order that a contractor has violated a requirement of this part.
(4)
A consent order must set forth the relevant facts that form the basis for the order and what remedy, if any, is imposed.